Case Digest (B.M. No. 135)
Facts:
In G.R. No. 52361 and G.R. No. 52524, both decided on April 27, 1981 under the 1973 Constitution, the petitioner Sunset View Condominium Corporation manages the Sunset View Condominium Project in Pasay City pursuant to Republic Act No. 4726 and its duly registered Amended Master Deed. In G.R. 52361, Aguilar-Bernares Realty, assignee of the “Solana” unit from La Perla Commercial, Inc., which in turn purchased on installment from Tower Builders, was sued by the petitioner in CFI, Branch XXX (Civil Case No. 7303-P) by complaint dated June 22, 1979 for unpaid assessments amounting to ₱8,335.38 plus interest and attorneys’ fees. The respondent judge granted Aguilar-Bernares Realty’s motion to dismiss on December 11, 1979, ruling that the assignee is a “holder of a separate interest” and therefore a shareholder whose dispute falls under the exclusive original jurisdiction of the Securities & Exchange Commission (SEC). In G.R. 52524, petitioner filed on July 16, 1979 in City Court, BraCase Digest (B.M. No. 135)
Facts:
- Consolidation
- Two petitions (G.R. No. 52361 and G.R. No. 52524) were consolidated by the Supreme Court on March 17, 1980, as they involve common questions of law and similar facts.
- Petitioner in both cases is Sunset View Condominium Corporation, the management body under Republic Act No. 4726, owning the common and limited common areas of the Sunset View Condominium Project in Pasay City.
- G.R. No. 52361 (Aguilar-Bernares Realty)
- Aguilar-Bernares Realty, assignee of the "Solana" unit, purchased on installment from La Perla Commercial, Inc. Petitioner filed a complaint (Civil Case No. 7303-P) on June 22, 1979 for unpaid assessments (P8,335.38 plus interest and attorney’s fees).
- Respondent moved to dismiss for (a) failure to state a cause of action, (b) lack of jurisdiction, and (c) pendency of another action. The trial court granted the motion on December 11, 1979, finding Aguilar-Bernares to be a “holder of a separate interest” (i.e., a shareholder) and directing the parties to the Securities and Exchange Commission (SEC). Motion for reconsideration was denied, prompting the petition for certiorari.
- G.R. No. 52524 (Lim Siu Leng)
- Lim Siu Leng, assignee of the "Alegria" unit under a Contract to Buy and Sell with Tower Builders, Inc., was sued in City Court of Pasay City (Civil Case No. 14127) on July 16, 1979 for P6,168.06 in assessments, insurance premiums, and interest.
- She moved to dismiss for lack of jurisdiction, claiming she was automatically a shareholder under RA 4726 and thus the SEC had exclusive jurisdiction over intra-corporate disputes. The city court denied the motion; on appeal to the Court of First Instance (Civil Case No. 7530-P), the respondent judge dismissed the appeal and ordered SEC resolution. Motions for reconsideration were denied, leading to the petition for certiorari.
Issues:
- Whether a purchaser of a condominium unit who has not fully paid the purchase price is automatically a stockholder of the Condominium Corporation under Republic Act No. 4726.
- Whether collection actions for condominium assessments on unpaid units fall within the exclusive jurisdiction of the SEC or with the regular courts.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)